Survival Action Lawyer in Illinois
Survival action lawyer in Illinois. If a loved one passed away after being injured by someone else's negligence, you can still get justice and a full financial recovery with Burger Law's Illinois survival action and wrongful death attorneys. Get a free consultation today by calling us at or filling out our online contact form.
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When a loved one is killed because someone else broke the rules, we can seek compensation for our grief, loss of support and funeral expenses in a wrongful death lawsuit. This helps compensate family member's for their loved one's death. But, in many cases, your loved one may have had an existing injury claim, whether that injury eventually led to their death or not. Survival actions, governed by specific Illinois laws, allow personal injury claims to continue even after the death of your family member. The intent behind survival actions is to ensure that the negligent party is held accountable for their actions and that justice is achieved, notwithstanding the death of the your injured loved one.
Burger Law is a Illinois personal injury law firm that specializes in wrongful death and survival action claims. In our 30 years of experience we have recovered over $200 million for our clients. When a loved one is tragically lost, the last thing you may want to think about is the legal process. However, it is essential to understand your rights and the mechanisms available to seek justice. If someone you love was taken from you too soon, speak to survival action lawyer in Illinois today at or contact us online for a free consultation.
What Is a Survival Action in Illinois?
755 ILCS 5/27-6, the Illinois Survival Act, outlines the state's survival action statute. It states that all actions to recover – reasons to file a lawsuit – for an injury to a person, except those for slander and libel, shall survive the death of the person entitled or liable to the cause of action. In simpler terms, if a person is injured due to the negligence of another and subsequently dies, their personal representative can file a survival action to recover damages incurred from the time of injury until their loved one's death. This is true whether the injury causes or contributed to their death or not.
The primary intent of survival actions is to ensure justice is served. If an injured person is unable to see their case through due to death, it does not absolve the defendant of liability. The survival statute keeps the personal injury claim alive, enabling recovery of damages that the deceased could have pursued if they had lived. The compensation goes to the estate of your loved one and is distributed according to their will or Illinois intestacy laws.
What Is the Difference Between Survival Action and Wrongful Death Claims in Illinois?
While survival actions and wrongful death claims in Illinois may seem similar, they are fundamentally different in terms of the damages they seek to recover:
- Survival actions seek to recover the damages that the deceased could have claimed if they had survived, such as medical expenses, lost wages and pain and suffering from the time of injury until death. Compensation is awarded to your loved one's estate, and then distributed based on their will. You can seek punitive damages in a survival action claim but not in a wrongful death claim.
- Wrongful death claims aim to compensate the relatives of the deceased for their loss. This can include funeral and burial expenses, loss of financial support and loss of companionship and guidance. Compensation is given directly to grieving family members and loved ones.
In many cases, when an accident or injury leads to someone's death but the person does not die at the scene, you can (and should) file a survival action and wrongful death claim at the same time. As experienced Illinois wrongful death and survival action attorneys, Burger Law can help you see both your cases through to the end.
Who Can File a Survival Action Claim in Illinois?
Survival action claims in Illinois are filed on behalf of your loved one's estate. That means they can be filed by a personal representative of the estate, called the "executor." Under 755 ILCS 5/6-13, an executor may include:
- A person or people named as an executor in your loved one's will, as long as they are 18 or older and of sound mind
- If the person or people designated are disqualified for any reasons, if there is no executor named in the will or if there is no will, then, under the Probate Act of 175, the court will appoint an administrator in this order of priority:
- The surviving spouse
- The legatees (people named in the will), with preference given to those who are to inherit the largest portion of the estate
- The nearest kindred (closest relatives)
- A public administrator
Our Illinois survival action lawyers can help you discover who is the executor in your loved one's case, or establish yourself as the executor if the law and your situation allows it.
Damages Available in a Survival Action Claim in Illinois
The compensation you can make a claim for in survival action case in Illinois is similar to that of a personal injury case. Generally, your damages include:
- Medical bills accumulated between the date of injuries and your loved one's death
- Lost wages or reduced wages if your loved one's injuries affected their ability to earn a living before their death
- Property damage
- Conscious pain and suffering and emotional distress caused by the accident that your loved one experienced before death
How Much Is My Illinois Survival Action Claim Worth?
The total value of your survival action claim in Illinois is heavily dependent on the unique circumstances surrounding your loved one's injuries and death. Important factors include:
- The amount of medical treatment received
- The amount of money lost from not being able to work
- How long your loved one suffered for their injuries before they passed
- Whether your loved one contributed to their injuries in any way
- The amount of insurance coverage available
Part of a survival action lawyer's job is to fully calculate the extent of your loved one's damages and demand the full amount in compensation. At Burger Law, our Illinois survival action and wrongful death lawyers conduct a full investigation into your case to ensure you are compensated to the fullest extent possible.
Statute of Limitations for Illinois Survival Action Claims
In Illinois, wrongful death claims must be filed within two years from the date of the death. But, survival action claims must be filed with two years from one of the following, whichever is later:
- The date the injury occurred
- Six months after death
How to File a Survival Action Claim in Illinois
Filing a survival action claim in Illinois is a process that requires careful attention to legal procedures and deadlines. The following steps can guide you through the process:
Initiating a Survival Action Claim
- Appoint an executor — If not already appointed, identify an executor for your loved one's estate. This could be through their will or through a court appointment.
- Consult a lawyer — Due to the complex nature of survival action claims, it is imperative to consult with a lawyer who specializes in personal injury or wrongful death cases. They can guide you through the legal process, ensure compliance with the statute of limitations and advocate for your rights in court. Most wrongful death and personal injury lawyers offer free consultations, so you have no reason not to talk to an attorney before moving forward.
- File a complaint — The executor, with the help of an attorney, will file a complaint in a Illinois court. This document will outline the facts of the case, identify the parties involved and specify the damages sought.
Once your claim is filed, your Burger Law Illinois survival action lawyer will handle all of the litigation for you and stand by your side until you and your family get maximum compensation.
Gathering Necessary Evidence
Collecting evidence is a critical component of a survival action claim in Illinois, and your survival action lawyer will help identify and find the evidence needed. This may include:
- Medical records and bills to document the extent of the injury and the medical treatment required
- Wage and employment records to demonstrate lost income
- Expert testimony, such as medical experts, to establish the cause and extent of the injury
- Witnesses who can attest to the circumstances surrounding the injury
The Importance of Legal Representation
While it is technically possible to file a survival action claim without an attorney, the legal and procedural complexities make it challenging if you do not have legal training. An experienced attorney like those at Burger Law will provide valuable guidance, represent your interests and increase your chances of a successful claim.
The best way to file a survival action claim in Illinois? Trust Burger Law. We will get you a full financial recovery for the injuries and harm your loved one experienced. Let us handle the legal aspect of your case while you and your family focus on grieving and healing.
Legal Representation for Illinois Survival Action Claims
Grieving the loss of someone you care about is always challenging, and can be made even more so trying to navigate legal complexities. Filing and winning a survival action claim demands a deep understanding of the law, careful gathering of evidence, weeks, months and sometimes years of your time and the ability to advocate effectively in court. Given these challenges, it is crucial to seek professional legal assistance to ensure that justice is served.
Importance of Legal Representation
In survival action claims, having legal representation can make a significant difference. Attorneys specializing in personal injury and wrongful death law have the knowledge and experience to navigate the nuances of these claims, ensure the liable parties are held accountable and get your family maximum compensation. Our survival action attorneys understand the Illinois legal system and do not stop fighting until there is nothing left to fight.
Our Expertise and Commitment
As a law firm specializing in personal injury and wrongful death cases, we are dedicated to helping our clients navigate the difficult journey towards justice. We understand the intricacies of survival action claims, and we bring our full commitment to every case we handle. We firmly believe in justice and the civil court system that allows grieving family members to seek justice. When you hire Burger Law's Illinois survival action lawyers, we:
- Provide a thorough understanding of the law and the highest level of legal advocacy
- Evaluate and build your case
- Handle all legal proceedings, negotiation and litigation on your behalf
- Advocate for your rights and interests in court
- Provide compassionate emotional support as you and your family navigate this difficult time
Let Us Help You
If you think you have a survival action claim in Illinois, call Burger Law at now. We offer a free initial consultation to discuss your case, your options and how we will fight for your family. You do not pay until we win your case. Let us help you pursue the justice that your loved ones deserve. Contact us today to get started.
Speak to a Survival Action Lawyer in Illinois Today
Survival action claims represent a crucial legal avenue for ensuring justice in the face of an untimely death. With Burger Law's help, you and your Illinois family can find the justice and full financial recovery your loved one deserved. Speak to an experienced Illinois survival action lawyer today at or fill out our online contact form for a free consultation.